14/09/2026
🇵🇹 PORTUGAL HAS JUST CHANGED IMPORTANT PARTS OF ITS IMMIGRATION LAW
A significant amendment to Portugal’s Immigration Law came into force on 11 September 2026.
Law no. 62/2026, published on 10 September, introduces extensive changes to Portugal’s immigration, asylum and return framework. While much of the legislation concerns asylum and border procedures, there are also several changes with very practical consequences for foreign nationals already living in Portugal, prospective immigrants, students, workers and employers.
Here are some of the most important points to know.
🔹 1. Some residence routes for students already in Portugal without a residence visa have been repealed
This is probably one of the most important changes for prospective students.
Until now, Portuguese law contained specific provisions allowing certain students and trainees who were legally present in Portugal to obtain a residence permit even without previously obtaining the corresponding residence visa.
Law no. 62/2026 expressly repeals:
• Article 91(4) — concerning higher-education students;
• Article 92(4) — concerning certain secondary-level students;
• Article 93(3) — concerning unpaid trainees.
This substantially changes the strategy that was previously available in certain cases to people who entered Portugal legally — including visa-exempt nationals — and subsequently applied for residence on the basis of studies.
For new cases, prospective students should therefore be particularly careful about assuming that they can enter Portugal as visitors and later obtain a student residence permit from within Portugal.
Obtaining the appropriate residence visa before travelling to Portugal becomes even more important, unless another specific legal exemption applies.
⚠️ There is also an important transitional issue: the new law expressly protects certain pending asylum procedures under the previous rules, but does not contain an equivalent general transitional provision specifically dealing with these repealed student exemptions.
Cases that were already formally submitted before 11 September should therefore be assessed individually rather than automatically treated as falling under either the old or new regime.
🔹 2. AIMA now has a general 90-day statutory deadline to decide residence permit applications
The amended Article 82 establishes that, unless another specific deadline applies, an application for the granting of a residence permit must be decided within 90 days.
In exceptional and duly justified circumstances — for example, because of the complexity of the case — this period may be extended by another 30 days.
Importantly, the applicant must be informed of that extension.
This does not mean that a residence permit is automatically approved after 90 days, nor does it necessarily mean that the physical residence card must be issued within that period.
But it creates a much clearer statutory timeframe for AIMA to make a decision.
This may become particularly relevant where an application remains pending for an excessive period and legal action against administrative inaction needs to be considered.
🔹 3. Changing employer no longer requires a new residence card
There is also an important improvement for foreign workers.
Under the new Article 88(8), a person holding a residence permit for professional activity may change employer simply by notifying AIMA, without having to obtain a new residence permit card solely because of the change.
This provides considerably more professional mobility to foreign residents and reduces the administrative consequences of changing jobs.
However, the change must still be formally communicated to AIMA.
At this stage, the law establishes the right and the notification requirement, but AIMA still needs to provide sufficiently clear operational guidance on exactly how this communication should be made in practice.
🔹 4. Self-employed residents also gain greater flexibility
A similar rule now applies to holders of residence permits for independent professional activity.
Under the amended Article 89, they may change the nature of their professional activity by notifying AIMA, without needing a new residence card simply because the activity has changed.
Again, notification remains required.
🔹 5. Employers can now formally submit residence permit applications
Another potentially significant change concerns companies hiring foreign nationals.
Article 81 now expressly provides that an application for a residence permit may be made by:
• the applicant;
• their legal representative; or
• their employer.
This could become particularly relevant for companies recruiting internationally and for corporate immigration procedures.
However, there is an important distinction between what the law now permits and what is already operationally available: AIMA will still need to implement the practical channels through which employers can exercise this possibility.
So employers should not assume that every residence application can immediately be submitted through a new employer portal or procedure.
🔹 What does this mean in practice?
The new law contains many other provisions, particularly concerning asylum, border procedures, detention and return.
But for many international residents and prospective immigrants, the immediate practical consequences are these:
→ some routes allowing students to regularise their residence from within Portugal without a prior residence visa have disappeared;
→ residence applications now have a clearer general statutory decision period;
→ foreign workers have greater freedom to change employers without replacing their residence card;
→ self-employed residents have similar flexibility when changing their activity;
→ and employers have been given a more direct legal role in residence applications.
One additional point deserves attention: some administrative information available online may take time to be updated following such a substantial legislative change.
When there is a discrepancy between older administrative information and the legislation currently in force, immigration planning should be based on the current law, not on an outdated webpage or checklist.
The changes are already in force: Law no. 62/2026 was published on 10 September and entered into force on 11 September 2026.
As always, immigration cases should be assessed individually, particularly where an application was already pending when the law changed.
📌 Official source: Diário da República — Lei n.º 62/2026, de 10 de setembro
https://diariodarepublica.pt/dr/detalhe/lei/62-2026-1168979170
This post provides general legal information and does not constitute individual legal advice.
